HomeMy WebLinkAbout09-04-14CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
September 4, 2014
Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Brooks Lillehei, Vice Chair Bob Boerschel, Linda Maguire,
Jason Swenson, Karl Drotning, Joe Blee, ex -officio member Nic Stevens
Members Absent: Paul Reuvers
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Alex Jordan, Civil Engineer; Daniel Licht, The Planning Company; and Penny Brevig,
Recording Secretary
3. Approval of the Meeting Minutes
The July 31, 2014 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated that the following items were distributed to the Planning
Commission prior to tonight's meeting.
1. September 3, 2014 Parks, Recreation and Natural Resources Committee draft
motion regarding Spirit of Brandtjen Farm Commercial 1st Addition.
2. An amended list of stipulations that staff is recommending for Agenda Item 6,
Summerlyn CUP, which is included with your list of motions for tonight's meeting.
Mr. Morey stated that at their September 2nd meeting, the City Council appointed a
new Planning Commission member to fill the current vacancy. Planning Department
staff will contact the new Planning Commission member to schedule an orientation,
whereby the new Planning Commission member will be sworn in at either the
September 18th or October 2"d Planning Commission meeting.
5. John Tonsager (Tabled at the October 17, 2013 Planning Commission meeting)
Chair Lillehei opened the public hearing to consider the application of John
Tonsager for a Conditional Use Permit to allow minor auto repair and an Interim Use
Permit to allow accessory outdoor storage in the C -CBD, Commercial Central
Business District, located at 20725 Howland Avenue.
Mr. Tonsager's architect Adam Ferrari presented a brief overview of Mr. Tonsager's
request. Mr. Ferrari explained that their goal with this project was to get more retail
and storage space, along with addressing the design flaws of the site.
Planning Commission Meeting Minutes, September 4, 2014 Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that this CUP and IUP were scheduled for a public hearing at the October 17,
2013 Planning Commission meeting. Prior to the meeting, Mr. Tonsager requested
that the public hearing be postponed indefinitely allowing him time to consider
revisions to his plans. His revised plans propose an alternate architectural design
from the previous plans.
Mr. Dempsey stated that Mr. Tonsager owns and operates Line -X Protective
Coatings which provides spray -on protective truck bed liners as an after factory
accessory for pick-up trucks. Accessory outdoor storage of empty drums of the bed
liner material is also included with the IUP application.
Mr. Dempsey indicated that the subject property does not abut a residentially zoned
property; therefore, no screening is required for the outdoor storage area. He stated
that the parking lot must be set back 5 feet from all interior lot lines.
Mr. Dempsey reviewed the revised plans and the parking requirements, which are
both described in the August 28, 2014 planning report.
Mr. Dempsey reviewed the criteria that must be met for a minor auto repair use by
CUP and the design and performance criteria required for outdoor storage by IUP,
which are both listed in the August 28, 2014 planning report.
Mr. Dempsey stated that any change of occupancy or change of use from minor
auto repair to major auto repair will require an amendment to the CUP.
Mr. Dempsey stated that staff recommends approval of the CUP and IUP subject to
the eight stipulations listed in the August 28, 2014 planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Boerschel, seconded by Drotning to close the public
hearing at 6:16 p.m.
Ayes: Maguire, Boerschel, Lillehei, Swenson, Blee, Drotning.
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. There were no
comments from the Planning Commission regarding this agenda item.
Motion was made by Maguire, seconded by Swenson to recommend to City
Council approval of the Tonsager Conditional Use Permit to allow minor auto repair
and Interim Use Permit to allow accessory outdoor storage in the C -CBD,
Commercial Central Business District, located at 20725 Howland Avenue, subject to
the following eight stipulations:
Planning Commission Meeting Minutes, September 4, 2014 Page 3
1. A conditional use permit amendment shall be required for any future building
expansion, new structures, or operational changes that include major auto
repair or minor auto repair in which vehicle repair bays are used in place of
the interior parking spaces identified on the site plan.
2. Outdoor storage is permitted up to 30% of the gross floor area of the principal
building and shall be located on a surface of concrete, bituminous or concrete
pavers and shall not be in designated parking spaces or on landscaped or
grass surface areas.
3. Landscaping shall be installed in accordance with the locations shown on the
approved landscape plan. All shrubs shall meet the minimum requirement of
the Zoning Ordinance at 18 to 24 inches in height.
4. Curb stops or bollards shall be installed in front of the building addition to
provide the necessary protection of the building where raised concrete curb is
unable to be installed.
5. All signage shall meet Zoning Ordinance requirements. An approved sign
permit is required prior to the installation of any new signage.
6. The barbed wire on the existing fence shall be removed prior to occupancy of
the new addition.
7. The site shall be developed in accordance with the recommendations of the
Engineering Division as outlined in the August 27, 2014 engineering memo.
8. The applicant shall be required to provide a security to be based on the
construction costs estimated for site grading, curb and pavement, seeding
and erosion control, developer's record drawings, and landscaping. The
security amount will be determined prior to City Council approval, and
submitted prior to issuance of the building permit.
Ayes: Boerschel, Lillehei, Swenson, Blee, Drotning, Maguire.
Nays: 0
6. Summerlyn
Chair Lillehei opened the public hearing to consider the application of Lennar
Corporation for a Conditional Use Permit to allow a private community recreation
building and outdoor swimming pool in the Summerlyn single family residential
development located at 19353 Hillcrest Avenue.
Paul Tobone from Lennar Corporation presented a brief overview of their request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the private pool and recreation building were identified on the Summerlyn
2nd Addition final plat plans. He indicated that a CUP for the pool and recreation
building was listed as a condition of the Summerlyn 2"d Addition final plat
development contract.
Mr. Dempsey reviewed the setback requirements for private recreation buildings,
pedestrian access and use of the recreation building, landscaping, lighting, and pool
ownership and maintenance, which are all reviewed in the August 29, 2014 planning
report.
Planning Commission Meeting Minutes, September 4, 2014 Page 4
Mr. Dempsey stated that, based upon discussions with the City Attorney, staff is
recommending that a stipulation be added as follows:
5. The Summerlyn homeowner's association shall own, operate and maintain
the property and improvements on Lot 4, Block 4, Summerlyn 2nd Addition.
Mr. Dempsey stated that staff recommends approval of the CUP subject to the four
stipulations listed in the August 29, 2014 planning report, along with the
recommended Stipulation 5.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Boerschel, seconded by Blee to close the public hearing
at 6:26 p.m.
Ayes: Lillehei, Swenson, Blee, Drotning, Maguire, Boerschel.
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Asked if the area across the street from this site will be a private or city owned
park. Mr. Dempsey confirmed that it will be a public park.
• Commissioner Boerschel asked about the depth of the pool. Mr. Tobone
responded that the pool depth will range from three to five feet.
• Mr. Dempsey identified the other Lennar subdivisions in the city that have
private pools and recreation buildings.
• Parking was discussed. Mr. Dempsey stated that no on-site parking is
proposed. There will be on street parking, consistent with the similar facilities
in the other Lennar neighborhoods. Some concern was expressed about
residents from the Summerlyn development driving to the pool and parking in
the City park parking lot. .
• Mr. Dempsey stated that there are 139 single family lots in the Summerlyn
preliminary plat with additional areas north to 190th Street under the
ownership of Lennar that are planned for single family development.
• Mr. Tobone indicated that the hours of operation will be from daylight to dusk.
The HOA will have the responsibility to set their own hours. There will be a
key fab system where each resident is given a key and it will record when
they enter and exit the pool area. If a resident enters after hours, it would be
recorded.
• Mr. Tobone stated he understands the importance of screening around the
pool area and agreed to revise the landscape plan prior to City Council
consideration to fill gaps in the proposed landscape screen.
Planning Commission Meeting Minutes, September 4, 2014 Page 5
Motion was made by Drotning, seconded by Blee to recommend to City Council
approval of the Summerlyn Conditional Use Permit to allow a private community
recreation building and outdoor swimming pool in the Summerlyn single family
residential development, located at 19353 Hillcrest Avenue, subject to the following
six stipulations, as amended:
1. The site plan and building shall be developed in accordance with Zoning
Ordinance requirements and as approved by the City Council.
2. A five foot wide concrete public sidewalk shall be constructed in the street
boulevard between the corner of Icicle Avenue and the easterly private
sidewalk into the recreation building.
3. All site lighting shall be in compliance with Zoning Ordinance requirements.
4. A building permit is required prior to commencing construction.
5. The Summerlyn homeowner's association shall own, operate and maintain
the property and improvements on Lot 4, Block 4, Summerlyn 2nd Addition.
6. Prior to City Council consideration, the applicant shall submit a revised
landscape plan that includes additional landscape screening for the adjacent
single family lots.
Ayes: Swenson, Blee, Drotning, Maguire, Boerschel, Lillehei.
Nays: 0
7. Spirit of Brandtjen Farm Commercial 1st Addition
Chair Lillehei opened the public hearing to consider the application of SBF
Development Corp. for the preliminary plat and PUD development stage plans of two
commercial lots to be known as Spirit of Brandtjen Farm Commercial 1st Addition,
located in the southeast quadrant of 160th Street (C.R. 46) and Pilot Knob Road
(C.R. 31).
Jacob Fick from SBF Development Corp. presented a brief overview of their request.
He indicated that this will be the first proposed commercial component of the Spirit of
Brandtjen Farm development. He introduced Phil Hoey from Hy -Vee and Mr. Hoey
made a power point presentation explaining the layout of the grocery store, the gas
and convenience store and car wash uses, and their marketing strategy for the fuel
saver program.
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that Spirit of Brandtjen Farm Commercial 1st Addition consists of two Tots and
seven outlots. The two lots are proposed for development of a grocery store,
convenience fuel store and car wash.
Mr. Licht stated that because of an approved amendment to the SBF PUD Booklet in
2010 to allow for development of big box retail users, the proposed grocery store,
convenience fuel store and car wash are allowed uses of the subject site and subject
to compliance with applicable requirements of the Zoning Ordinance.
Planning Commission Meeting Minutes, September 4, 2014 Page 6
Mr. Licht indicated that this proposed development is separated from the land uses
to the north and west by 160th Street (CSAH 46) and Pilot Knob Road (CSAH 31)
creating a physical barrier and mitigating any potential land use compatibility issues.
He stated that the SBF Land Use Plan anticipates high density residential uses on
the south side of 162nd Street and there is an existing cemetery adjacent to Pilot
Knob Road on the south side of 162nd Street that will provide a buffer from the SBF
single family lots and East Community Park farther to the south.
Mr. Licht reviewed the plat, pedestrian, and site accesses to the development, which
are all described in the August 28, 2014 planning report.
Mr. Licht stated that the park dedication requirements will be met as a cash fee in
lieu of land at $5,400 per acre for commercial uses in accordance with the SBF
Master PUD Agreement.
Mr. Licht indicated that the site plans for Lots 1 and 2, Block 1 comply with the SBF
Land Use Plan. Interior setbacks are to be evaluated based on specific site designs.
Mr. Licht explained how the parking calculations were determined. There are 534
parking stalls provided on Lot 1, Block 1 and 28 stalls provided on Lot 2, Block 1 for
a total of 562 parking stalls. Both sites exceed the number of parking stalls required
by the Zoning Ordinance individually and cumulatively. He reviewed the layout of
the parking lot design, which is described in detail in the August 28, 2014 planning
report. Mr. Licht indicated that a cross parking easement must be recorded with
Lots 1 and 2, Block 1 as part of the final plat approval.
Mr. Licht reviewed the loading area for the grocery store and indicated that the site
plan for the proposed convenience fuel store should be revised to illustrate the
planned turning movements of fuel and retail goods delivery vehicles to ensure
adequate circulation is provided, along with identifying the types of delivery and/or
service vehicles required by the car wash facility and how these vehicles will access
the site.
Mr. Licht reviewed the specific provisions for convenience fuel uses that must be
addressed as part of the PUD Development Stage Plan, which are listed in the
August 28, 2014 planning report.
Mr. Licht reviewed the performance standards listed in the Zoning Ordinance that
are applicable to the allowance of a car wash accessory to a convenience fuel use,
that are listed in the August 28, 2014 planning report.
Mr. Licht stated that a landscape plan has been submitted for Lots 1 and 2, Block 1,
with appropriate plantings and plant sizes. He indicated that the landscape plan for
Lot 1, Block 1 must be modified to provide for plantings required along the east lot
line and at the northeast and southeast corners of the site to screen the loading dock
area from view of public rights-of-way and adjacent properties.
Planning Commission Meeting Minutes, September 4, 2014 Page 7
Mr. Licht also discussed City staffs recommendation to enhance the landscaping
and enlarge the median within 162nd Street at the intersection with Pilot Knob Road
and the median within Elmhurst Lane between 160th Street and the driveway to
Block 1.
Regarding exterior building materials, Mr. Licht stated that the applicant has
identified the percentage of material grades used on each facade of the grocery
store building and must do so for the convenience store and car wash buildings. He
indicated that the submitted elevations for the three buildings will need to be revised
to identify the ratio of Grade A, B and C materials in compliance with the Zoning
Ordinance, with EFIS properly identified as a Grade B material.
Mr. Licht reviewed the signage regulations for the proposed grocery store,
convenience store and the car wash. City staff is recommending the secondary wall
signs on the grocery store be reduced in area so as to comply with the limits
established by the Zoning Ordinance.
Mr. Licht stated that staff recommends approval of the SBF Commercial 1st Addition
preliminary plat and the PUD Development Stage plans for the proposed Hy -Vee
grocery, convenience store and car wash, subject to the 23 stipulations listed in the
August 28, 2014 planning report.
Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Blee, seconded by Boerschel to close the public hearing
at 7:17 p.m.
Ayes: Blee, Drotning, Maguire, Boerschel, Lillehei, Swenson.
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Flexibility for the car wash stacking and sign area was discussed.
Commissioners asked if flexibility could be allowed under the SBF PUD.
• Because a multiple (four) bay car wash is being proposed, the Planning
Commission agreed with the proposed stacking for four vehicles per bay
versus the Zoning Ordinance requirement of six vehicles per bay.
• Mr. Morey commented that the Zoning Ordinance was amended several
years ago to quantify the sign allowances that had been approved previously
for big box retail developments in commercial PUDs. The current regulations
reflect the PUD sign allowances in the Crossroads, Timbercrest, Argonne
Village, and Heritage Commons commercial developments. He
recommended that the Hy -Vee signage comply with the current ordinance
standards.
• Landscaping was discussed. Mr. Fick stated that the landscaping in the
medians at 162nd Street/Pilot Knob Road and Elmhurst Lane/1601 Street, as
Planning Commission Meeting Minutes, September 4, 2014 Page 8
recommended by staff, will be irrigated and will be maintained by an
association.
• Mr. Fick indicated that they would like to start grading and possibly some
utility work this fall, with the primary development of the site and construction
of the commercial buildings taking place in 2015.
• The Planning Commission asked why the Hy -Vee use is proposing 18-19%
more parking than is required by ordinance. Mr. Hoey explained that parking
is critical for Hy -Vee. Their peak parking demand occurs once or twice a
week, not once or twice a year.
• The Planning Commission asked if there would be outdoor seating for the
restaurant. Mr. Hoey pointed out that they are proposing outdoor seating on
the south side of the Hy -Vee building.
• Mr. Hoey indicated that the grocery store drive thru would be a drive up lane
under a canopy where customers could pick up their groceries rather than
having to bring the cart out to their cars. There will also be one lane for the
pharmacy.
• The Planning Commission recommended that Stipulation 12e. be amended to
read:
12e. Provide stacking space for six four vehicles per wash bay. In
-
Motion was made by Swenson, seconded by Blee to recommend to City Council
approval of the SBF Commercial 1st Addition preliminary plat and PUD Development
Stage plans of two commercial lots to be known as Spirit of Brandtjen Farm
Commercial 1st Addition, located in the southeast quadrant of 160th Street (C. R. 46)
and Pilot Knob Road (C.R. 31), subject to the following 23 stipulations, as amended:
1. The submitted elevations for the principal buildings within Lots 1 and 2, Block
1 shall be revised to identify the ratio of Grade A, B and C materials in
compliance with Section 11-17-9.D.1 of the Zoning Ordinance.
2. The landscape plan for Lot 1, Block 1 shall be modified to provide for
plantings required along the east lot line and at the northeast and southeast
corners of the site to screen the loading dock area from view of public rights-
of-way and adjacent properties, subject to review and approval by City staff.
3. Landscape plans shall be prepared and submitted subject to review and
approval by City staff for the following areas:
a. The median within 162nd Street at the intersection with Pilot Knob Road.
b. The addition of a landscape median within Elmhurst Lane between 160th
Street and the driveway to Block 1.
c. Outlot G.
4. The proposed accesses to Pilot Knob Road and 160th Street are subject to
review and approval by the City Engineer and the Dakota County Plat
Commission.
5. The design of 162nd Street and Elmhurst Lane shall be widened to 44 feet to
comply with the City's standard section design for commercial streets.
Planning Commission Meeting Minutes, September 4, 2014 Page 9
6. The proposed street section and construction plans are subject to review and
approval by the City Engineer.
7. The plans shall be revised to include a 10 foot wide trail to be constructed on
the south side of 160th Street between Pilot Knob Road and Elmhurst Lane
with the costs apportioned in accordance with Section 10-4-3.H.4 of the
Subdivision Ordinance.
8. The plans shall be revised to include a five foot wide sidewalk to be
constructed on the south side of 162nd Street between Equestrian Trail and
Pilot Knob Road.
9. Documents establishing ingress/egress and cross parking easements for Lots
1-2, Block 1, Outlot A, Outlot B and Outlot C shall be submitted and recorded
with the final plat, subject to review and approval by City staff.
10. The applicant shall identify the area of landscaped parking islands within Lot
1, Block 1 to comply with the requirements of Section 11-21-9.D.2 of the
Zoning Ordinance.
11. The site plan for Lot 2, Block 1 shall be revised to:
a. Align the south access to the convenience fuel use with the drive aisles for
the grocery store on the east side of the common drive aisle, subject to
review and approval by City staff.
b. Illustrate the planned turning movements of fuel and other delivery
vehicles to ensure adequate circulation is provided for, subject to review
and approval by City staff.
12. The site plan for Lot 2, Block 1 shall be revised to provide the following:
a. Fuel pumps are required to be located upon a raised island a minimum of
six inches above the drive aisle grade.
b. An oil/grit separator that complies with the requirements of Section 11-37-
3.H of the Zoning Ordinance and is subject to review and approval by the
City Engineer.
c. Identify any proposed outdoor sales areas or such uses shall be prohibited
without an amendment to the PUD Development Stage Plan in
accordance with Section 11-37-3.0 of the Zoning Ordinance.
d. Relocate the trash enclosure so as not to be in the front yard abutting Pilot
Knob Road.
e. Provide stacking space for four vehicles per wash bay.
f. Specify that light fixtures mounted under the canopy are to be flush
mounted to the bottom face and that the canopy is not otherwise
illuminated beyond the two fuel price signs.
13. Use of a public address system within Lot 2, Block 1 shall not be audible at
the property line and shall not include playing of music or advertisements.
14. The doors to the wash bays for the car wash within Lot 2, Block 1 shall
remain closed during the entire wash cycle in compliance with Section 11-73-
7.D.5 of the Zoning Ordinance.
15. Waste water from the operation of the car wash shall not be discharged to the
public stormwater system.
16.The applicant shall submit plans for any proposed free standing signs within
Lots 1 and 2, Block 1 or area identification signs proposed for the area of Lots
1-2, Block 1, Outlot A, Outlot B and Outlot C.
Planning Commission Meeting Minutes, September 4, 2014 Page 10
17.The convenience fuel use shall be limited to two (2) fuel price signs mounted
on the canopy as shown on the submitted plans and no additional fuel price
signs may be installed either as wall signs or freestanding signs.
18.The retaining wall within the 162nd Street right-of-way directly adjacent to
Outlot G shall be moved into Outlot G.
19.AII utility plans are subject to review and approval by the City Engineer.
20.AII grading, drainage and erosion control plans are subject to review and
approval by the City Engineer.
21. All easements are subject to review and approval by the City Engineer.
22. The final plat shall be revised in accordance with any required modifications
to the preliminary plat and is subject to review by City staff and approval by
the City Council.
23. The applicant shall execute a development contract with the City drafted by
the City Attorney prior to approval of the final plat.
Ayes: Drotning, Maguire, Boerschel, Lillehei, Swenson, Blee
Nays: 0
Mr. Morey indicated that Agenda Item 7 will be on the September 22nd Special City
Council meeting they are holding at 5:30 p.m., prior to their work session.
Mr. Fick thanked City staff and the Planning Commission for their work and
consideration of this project. He stated that Hy -Vee will be a wonderful addition to
the City and to the Spirit of Brandtjen Farm development.
There being no further business, the meeting was adjourned at 8:01 p.m.
Respectfully submitted,
Penny Br
ATTEST:
Recording Secreta
Brooks Lillehei, Chair